The Florida Record reports that a personal injury lawsuit was recently filed in the U.S. District Court for the Southern District of Florida against the Carnival Corporation alleging that the company’s negligence caused a woman to be seriously injured when she slipped while aboard one of their cruise ships. According to the lawsuit, the injured plaintiff (i.e. the woman suing) was aboard the Carnival Liberty when she slipped and fell on the ship’s casino dance floor. Allegedly the plaintiff slipped because the dance floor was wet, slippery, and/or made out of a hazardous material. The plaintiff claims that because of this fall she endured physical pain, disability, disfigurement, mental anguish, loss of enjoyment of life, aggravation of a pre-existing condition, and incurred medical expenses.

The injured plaintiff in this case is arguing that the Carnival Corporation should be held responsible for her injuries because they did not equip the dance floor with a non-slip top coat and failed to maintain the dance floor in a clean and dry condition (or to place warning signs around the hazardous portion of the dance floor). Is this argument valid? It is impossible to definitively say one way or the other how a court would rule if this case ends up going to trial, however the plaintiff would only win her case if she is able to prove all of the elements outlined below.

The Elements of a Slip and Fall Case in Florida

When a slip and fall personal injury case goes to trial in Florida the injured plaintiff bears the burden of proving all of the following elements of their case:

The defendant owed the plaintiff a duty of care. Whether or not the slip and fall defendant owed the injured plaintiff a duty of care frequently turns on whether the plaintiff was classified as an invitee, a licensee, or a trespasser at the time of the accident as Florida law requires property owners to exercise a different level of care towards each class of visitor. For example, property owners in Florida owe invitees (i.e. individuals who enter a property in order to conduct business) a duty to exercise reasonable care in the upkeep of their premises.

The defendant breached this duty. In order to prove that a slip and fall defendant breached the duty of care owed to an invitee the plaintiff must show that the defendant both acted unreasonably in maintaining their property and that the defendant knew of the dangerous condition that ultimately caused the accident. Florida Statutes section 768.0755.

The breach of duty caused the plaintiff’s injuries. Next, the plaintiff must be able to show that their injuries and damages were actually caused by the defendant’s breach of duty. Generally this is demonstrated through the use of a “but-for test” (i.e. but for the defendant’s negligence the plaintiff’s injuries would not have occurred).

As a result the plaintiff suffered compensable damages. Lastly, the injured plaintiff must be able to adequately demonstrate the losses that he or she suffered as a result of the slip and fall.

Reach Out to Us for Help

Anyone who has been injured in Florida due to a slip and fall accident should consult with the experienced personal injury lawyers of Piccin & Glynn Lawyers at Law in order to discuss their legal options. Slip and fall accidents frequently result in serious injuries that translate into substantial medical expenses. If your injury was caused by someone else’s negligence don’t be afraid to fight for the compensation that you are legally entitled to. To schedule a free initial consultation contact our Ocala office today by calling (800) 969-5446 or (352) 351-5446.

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John H. Piccin

John H. Piccin was born in Willimantic, Connecticut. He attended the University of Vienna in Vienna, Austria and graduated from Villanova University with honors. He then received a Juris Doctor degree from The University of Michigan Law School.

Katherine Glynn

Over the past twenty one years, I have litigated criminal and civil matters in private and government practice, worked closely with the Marion County Judiciary for the last eight years, and worked in private business as a founding board member of a community bank for ten years.

Disclaimer: This web site is designed to present general information about Piccin & Glynn, and should not be construed to be formal legal advice or the formation of an attorney-client relationship. Hiring a lawyer is an important decision that should not be based solely upon advertisements. Contact us by phone or through this website so we can provide you with more about our qualifications and experience.

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320 N.W. 3rd Avenue, P.O. Box 159
Ocala, Florida 34475

Disclaimer: This web site is designed to present general information about Piccin & Glynn, and should not be construed to be formal legal advice or the formation of an attorney-client relationship. Hiring a lawyer is an important decision that should not be based solely upon advertisements. Contact us by phone or through this website so we can provide you with more about our qualifications and experience.